Dependency Law Finder

1. Troutman v. State 630 So. 2d 528 · SC80 · Florida Supreme Court 1993

   This opinion cites § 39.059 21 times, the section generally

   · cited by 74 in all courts

   …State, 546 So.2d 782 (Fla. 4th DCA 1989). [1] The issues are whether a trial court must consider each of the statutory criteria required under sections 39.059(7)(c) and (d), Florida Statutes (1991), [2] at the time of sentencing a juvenile as an adult, and, if so, whether the resultant findings at the time of sentencing…

2. Berry v. State 636 So. 2d 555 · 2D92-02701 · 2nd DCA 1994

   This opinion cites § 39.059 20 times, the section generally

   · cited by 4 in all courts

   …an open plea of nolo contendere, specifically reserving his right to appeal. Prior to his plea, Berry executed a written waiver of his rights under section 39.059(7), Florida Statutes (1991). The form tracked the basic requirements of the statute and recited as follows: I HEREBY STATE UNDER OATH that I have been advised…

3. Davis v. State 677 So. 2d 1366 · 4D95-0231 · 4th DCA 1996

   This opinion cites § 39.059 18 times, the section generally

   · cited by 12 in all courts

   …offender sentence had to be in writing, as opposed to the court's oral pronouncement at the sentencing hearing. We hold that the 1994 amendments to section 39.059 eliminated the requirement of subsection (7)(d) that a decision to impose a youthful offender sanction be in writing. Appellant was sentenced as a youthful…

4. Ritchie v. State 670 So. 2d 924 · SC85358 · Florida Supreme Court 1996

   This opinion cites § 39.059 17 times, the section generally

   · cited by 8 in all courts

   …LESSER INCLUDED OFFENSE, PUNISHABLE BY A TERM OF YEARS NOT EXCEEDING LIFE, MUST BE SENTENCED AS AN ADULT WITHOUT THE PROCEDURAL SAFEGUARDS AFFORDED BY SECTION 39.059(7)(c), FLORIDA STATUTES? Id. at 169 . We have jurisdiction pursuant to article V, section 3(b)(4) of the Florida Constitution, and we answer the question in…

5. Cargle v. State 770 So. 2d 1151 · SC92031 · Florida Supreme Court 2000

   This opinion cites § 39.059 14 times, the section generally

   · cited by 17 in all courts

   …its reasons in writing for imposing a departure sentence, the written order failed to address the decision to impose adult sanctions as required by section 39.059(7), Florida Statutes (1995), which states in part: (d) Any decision to impose adult sanctions must be in writing, but is presumed appropriate, and the court is…

6. Powell v. State 606 So. 2d 486 · DCA91-2240 · District Court of Appeal 1992

   This opinion cites § 39.059 13 times, the section generally

   · cited by 4 in all courts

   …control and was sentenced as an adult to five years in the Department of Corrections. The trial court conducted a disposition hearing pursuant to section 39.059(7)(c), Florida Statutes, before imposing adult sanctions, but Powell complains that his sentence is illegal because the trial court failed to obtain an updated PDR…

7. Ritchie v. State 651 So. 2d 167 · 1D94-1866 · 1st DCA 1995

   This opinion cites § 39.059 12 times, the section generally

   · cited by 4 in all courts

   …contends that his sentence for second degree murder is invalid, because the trial court failed to comply with the statutory requirements provided in section 39.059(7)(c), Florida Statutes (1993), for sentencing him as an adult. We hold that because appellant was convicted of a lesser offense to that charged, which is…

8. State v. Berry 647 So. 2d 830 · SC83786 · Florida Supreme Court 1994

   This opinion cites § 39.059 11 times, the section generally

   · cited by 7 in all courts

   …So.2d 1013 (FLA. 1984), AND SIRMONS V. STATE, 620 So.2d 1249 (FLA. 1993), THAT A JUVENILE MAY WAIVE THE STATUTORILY MANDATED REQUIREMENTS OF SECTION 39.059(7), FLORIDA STATUTES (1991), SO LONG AS SUCH WAIVER IS VOLUNTARILY, KNOWINGLY, AND INTELLIGENTLY MADE? Id. at 558-59. We have jurisdiction. Art. V, §…

9. Croskey v. State 601 So. 2d 1326 · 2D91-02523 · 2nd DCA 1992

   This opinion cites § 39.059 10 times, the section generally

   · cited by 10 in all courts

   …and knowing waiver, it is reversible error for a trial court to impose adult *1327 sanctions upon a juvenile without making the findings required by section 39.059(7), Florida Statutes (Supp. 1990), even though the sanctions were imposed pursuant to a negotiated plea agreement which omits any reference to the foregoing…

10. Cargle v. State 701 So. 2d 359 · 1D96-2700 · 1st DCA 1997

    This opinion cites § 39.059 9 times, the section generally

    · cited by 13 in all courts

    …filed. Claiming that the trial court erred in imposing a departure sentence, appellant argues that the trial court did not consider the criteria in section 39.059(7)(c), Florida Statutes (1995), and further that the trial court erred by not putting in writing the representation that those statutory criteria had been…

11. Stuberfield v. State 690 So. 2d 636 · 4D95-1198 · 4th DCA 1997

    This opinion cites § 39.059 9 times, the section generally

    · cited by 2 in all courts

    …to four counts of manslaughter and one count of driving with a suspended license, causing death. We reject his argument that the 1994 amendments to section 39.059, Florida Statutes, relating to sentencing children as adults, cannot be utilized where the offenses occurred prior to the effective date of the amendment. We…

12. Lutz v. State 664 So. 2d 1060 · 4D95-0409 · 4th DCA 1995

    This opinion cites § 39.059 7 times, the section generally

    · cited by 7 in all courts

    …appeals a final judgment of guilt and adult sentence for burglary of a structure and third degree grand theft. Because a recent amendment to section 39.059(7), Florida Statutes (1993), which deleted the requirement of contemporaneous written findings for adult sentencing became effective prior to Defendant's…

13. Hannah v. State 644 So. 2d 141 · 2D93-02597 · 2nd DCA 1994

    This opinion cites § 39.059 7 times, the section generally

    · cited by 3 in all courts

    …Judge. Christopher Michael Hannah appeals his sentence as an adult, specifically arguing that the trial court failed to consider the criteria in section 39.059, Florida Statutes (1991), and failed to require an up-to-date predisposition report in sentencing him as an adult. We reverse. Hannah entered a no contest…

14. Trueblood v. State 635 So. 2d 1024 · 1D93-396 · 1st DCA 1994

    This opinion cites § 39.059 7 times, the section generally

    · cited by 9 in all courts

    …error: (1) the trial court's sentencing appellant as an adult without making specific written findings of fact on each of the factors set forth in section 39.059(7)(c)1.-6; (2) the trial court's ordering that appellant be given credit for prison time served prior to resentencing, to be determined by the Department of…

15. McCoy v. State 632 So. 2d 181 · 5D93-134 · 5th DCA 1994

    This opinion cites § 39.059 7 times, the section generally

    · cited by 5 in all courts

    …per week. Appellant contends on appeal that the trial court's reasons for sentencing him as an adult rather than as a juvenile do not comply with section 39.059(7)(c), Florida Statutes (1991). We agree. Section 39.059(7)(c) requires the trial court to consider six criteria when determining the suitability or nonsuitability…

16. Rollins v. State 610 So. 2d 651 · DCA92-1425 · District Court of Appeal 1992

    This opinion cites § 39.059 7 times, the section generally

    · cited by 1 in all courts

    …by section 39.-059(7)(a), Florida Statutes (1989), counsel did not waive, or mention, the findings of suitability for adult sanctions required by section 39.059(7)(c). The trial court did not make those findings prior to sentencing Rollins in accordance with the plea agreement, and there was no objection to that omission. …

17. Tatum v. State 27 So. 3d 700 · 3D09-2623 · 3rd DCA 2010

    This opinion cites § 39.059 6 times, the section generally

    · cited by 3 in all courts

    …1995, Tatum filed his first Florida Rule of Criminal Procedure 3.800 motion claiming that he was (1) illegally sentenced as an adult in violation of section 39.059 of the Florida Statutes, and (2) denied due process because “[ajfter the direct and redirect testimonies of the witnesses’ [sic], the trial judge told Mr.…

18. Roberts v. State 677 So. 2d 1 · 5D95-2497 · 5th DCA 1996

    This opinion cites § 39.059 6 times, the section generally

    · cited by 3 in all courts

    …Judge. Victor R. Roberts, a 14 year old juvenile, appeals his conviction and sentence as an adult for the crime of sexual battery pursuant to section 39.059(7)(d), Florida Statutes (1994 Supp.). He contends the trial court erred when it failed to issue a written order supporting its decision to impose adult sanctions.…

19. Thomas v. State 662 So. 2d 1334 · 1D94-4110 · 1st DCA 1995

    This opinion cites § 39.059 6 times, the section generally

    · cited by 13 in all courts

    …the following. Appellant, John Thomas, a juvenile when he committed the offense of aggravated battery, appeals his adult sentence, imposed under section 39.059, Florida Statutes (Supp. 1994). We reverse and remand for resentencing, because the trial court erred in imposing the sentence without considering a…

20. Wideman v. State 651 So. 2d 158 · DCA94-00572 · District Court of Appeal 1995

    This opinion cites § 39.059 6 times, the section generally

    · cited by 1 in all courts

    …probation imposed by the court. We remand for resentencing because the court failed to make the appropriate findings for adult sentencing required by section 39.059(7), Florida Statutes (1991). The crimes for which appellant entered pleas were committed on October 17, 1992. Appellant was born on March 13, 1975, and was…

21. Woods v. State 645 So. 2d 528 · DCA93-2345 · District Court of Appeal 1994

    This opinion cites § 39.059 6 times, the section generally

    …the trial court erred when it sentenced him as an adult because the sentencing order failed to set forth all of the requisite findings as specified in section 39.059(7)(c), Florida Statutes (1991). In its written order, the trial court found: A. That the offenses for which the Defendant was found guilty were very serious to…

22. Kazakoff v. State 642 So. 2d 596 · 2D93-02681 · 2nd DCA 1994

    This opinion cites § 39.059 6 times, the section generally

    · cited by 7 in all courts

    …for adult prosecution under sections 39.052(2)(c) and (e), Florida Statutes (1991), and thereafter to resentence him in strict compliance with section 39.059(7), Florida Statutes (1991). The state filed a petition in the juvenile division of the circuit court charging Kazakoff with various criminal offenses arising…

23. Washington v. State 642 So. 2d 61 · 3D94-5 · 3rd DCA 1994

    This opinion cites § 39.059 6 times, the section generally

    · cited by 5 in all courts

    …for criminal prosecution and thereafter convicted, the court shall render specific findings and reasons for the decision to impose adult sanctions. Section 39.059(7)(d), Fla. Stat. (1991). The state asserts that because defendant was direct filed by information and convicted *64 on the sexual battery count, a charge…

24. Washington v. State 642 So. 2d 61 · DCA94-5 · District Court of Appeal 1994

    This opinion cites § 39.059 6 times, the section generally

    · cited by 1 in all courts

    …for criminal prosecution and thereafter convicted, the court shall render specific findings and reasons for the decision to impose adult sanctions. Section 39.059(7)(d), Fla.Stat. (1991). The state asserts that because de- *64 fendant was direct filed by information and convicted on the sexual battery count, a charge…

25. Sirmons v. State 620 So. 2d 1249 · SC79754 · Florida Supreme Court 1993

    This opinion cites § 39.059 6 times, the section generally

    · cited by 27 in all courts

    …repealed section 39.111, Florida Statutes (1989). Ch. 90-208, § 17, at 1160, Laws of Fla. In place of section 39.111, the Legislature enacted section 39.059, Florida Statutes (Supp. 1990), which addresses the commitment of children prosecuted as adults. Ch. 90-208, § 5, at 1094, Laws of Fla. Like section 39.111,…

26. Veach v. State 614 So. 2d 680 · 1D92-1506 · 1st DCA 1993

    This opinion cites § 39.059 6 times, the section generally

    · cited by 5 in all courts

    …status in 90-2027, nor did the trial court determine the suitability of adult sanctions as to that case with reference to the factors set forth at section 39.059(7)(c), Florida Statutes. Veach did not appeal. In February 1991, an affidavit of violation of community control was filed, to which Veach pled nolo contendere.…

27. Pride v. State 606 So. 2d 478 · DCA92-719 · District Court of Appeal 1992

    This opinion cites § 39.059 6 times, the section generally

    · cited by 1 in all courts

    …committed, has appealed from the imposition of adult sanctions in the absence of specific findings by the trial court on the criteria set forth in section 39.059(7)(c)(l)-(6), Florida Statutes (Supp. 1990). We reverse and remand for resen-tencing. Pride was charged with the sale and possession of cocaine, committed when he…

28. Troutman v. State 603 So. 2d 608 · 1D92-298 · 1st DCA 1992

    This opinion cites § 39.059 6 times, the section generally

    · cited by 4 in all courts

    … Appellant seeks reversal of the imposition of adult sanctions, on grounds that the trial court failed to consider all of the factors enumerated in section 39.059(7)(c), Florida Statutes (1991). We affirm. Appellant was charged initially with kidnapping to facilitate a felony, grand theft auto, and aggravated assault with a…

29. Kohler v. State 588 So. 2d 689 · 4D91-1491 · 4th DCA 1991

    This opinion cites § 39.059 6 times, the section generally

    · cited by 3 in all courts

    …of the offense, received adult sanctions for robbery. Yet, the trial court failed to make all of the findings, either written or oral, required by section 39.059(7)(c) and (d), Florida Statutes (Supp. 1990). The law is clear, however, that in sentencing a juvenile as an adult, the trial court must make findings *690 with…

30. Smith v. State 684 So. 2d 245 · 2D95-05196 · 2nd DCA 1996

    This opinion cites § 39.059 5 times, the section generally

    · cited by 3 in all courts

    …and sentences for thirteen counts of burglary and four counts of grand theft. Smith correctly contends that the trial court did not comply with section 39.059(7), Florida Statutes (1995), in sentencing him as an adult. Accordingly, we affirm Smith's convictions but reverse and remand for resentencing. The trial court…

31. Thomas v. State 670 So. 2d 1131 · DCA94-03710 · District Court of Appeal 1996

    This opinion cites § 39.059 5 times, the section generally

    …appeals the imposition of certain costs. We affirm the imposition of costs but remand for entry of an order imposing adult sanctions consistent with section 39.059(7), Florida Statutes (1993). Appellant pleaded nolo contendere to charges of aggravated battery and burglary. Appellant, who was sixteen, was sentenced on…

32. Street v. State 665 So. 2d 359 · 5D95-1618 · 5th DCA 1995

    This opinion cites § 39.059 5 times, the section generally

    · cited by 1 in all courts

    …that the trial court erred when it imposed adult sanctions by using a printed form instead of making written individualized findings' as required by section 39.059(7)(c), *360 Florida Statutes (1993). We agree and reverse. Street pled nolo contendere to a felony, grand theft of a motor vehicle, 1 and various misdemeanors.…

33. Norris v. State 659 So. 2d 1352 · 5D94-2931 · 5th DCA 1995

    This opinion cites § 39.059 5 times, the section generally

    · cited by 9 in all courts

    …sentencing him as an adult rather than as a juvenile because the court failed to enter written reasons for imposing an adult sentence as required by section 39.059(7)(d), Florida Statutes (Supp. 1994). We conclude that Norris waived his right to challenge the trial court's decision to sentence him as an adult. In Varela v.…

34. Wood v. State 655 So. 2d 1155 · 5D95-118 · 5th DCA 1995

    This opinion cites § 39.059 5 times, the section generally

    · cited by 5 in all courts

    …motion has merit except the argument that he should not have been sentenced as an adult, without the trial court first making the findings required by section 39.059(7), Florida Statutes (1991). No written findings were made by the trial court in this case, although based on the statements made by the trial court at…

35. Crain v. State 653 So. 2d 442 · 2D94-00747 · 2nd DCA 1995

    This opinion cites § 39.059 5 times, the section generally

    · cited by 5 in all courts

    …offender for the offenses of uttering a forged check and robbery. We find merit only in her contention that the trial court failed to comply with section 39.059(7), Florida Statutes (1993), before imposing adult sanctions. Accordingly, we reverse and remand for resentencing. Crain was a juvenile at the time of the…

36. Hangen v. State 651 So. 2d 706 · 5D94-2210 · 5th DCA 1995

    This opinion cites § 39.059 5 times, the section generally

    · cited by 4 in all courts

    …can be sentenced as an adult the trial court has to determine if adult sanctions are suitable by considering each of the criteria set forth in section 39.059(7)(c), Florida Statutes. Further, while recently changed by statute, the law which existed at the time Hangen was treated as an adult required specifics: "In so…

37. Trueblood v. State 610 So. 2d 14 · DCA92-1526 · District Court of Appeal 1992

    This opinion cites § 39.059 5 times, the section generally

    …has appealed the imposition of an adult sentence following his conviction of burglary of a structure. We reverse and remand for re-sentencing. Section 39.059(7)(c), Florida Statutes (1989) requires that the trial court determine the suitability of a juvenile for adult sanctions by making findings as to six criteria.…

38. Walker v. State 605 So. 2d 1341 · DCA92-666 · District Court of Appeal 1992

    This opinion cites § 39.059 5 times, the section generally

    · cited by 1 in all courts

    …committed, has appealed from the imposition of adult sanctions in the absence of specific findings by the trial court on the criteria set forth in section 39.059(7)(c)(1H6), Florida Statutes (Supp. 1990). We reverse and remand for resen-tencing. Walker was charged with three counts of selling cocaine within 1000 feet of a…

39. Carson v. State 707 So. 2d 898 · 5D97-0259 · 5th DCA 1998

    This opinion cites § 39.059 4 times, the section generally

    · cited by 4 in all courts

    …sentenced to adult sanctions. Specifically, he claims that the trial court failed to consider the statutorily enumerated criteria set forth in section 39.059(7)(c), Florida Statutes (1995). Although the defendant's claim of error possesses merit, due to section 924.051, Florida Statutes (Supp.1996), we cannot grant him…

40. Collins v. State 685 So. 2d 1345 · DCA95-00379 · District Court of Appeal 1996

    This opinion cites § 39.059 4 times, the section generally

    · cited by 2 in all courts

    …As part of his plea, he agreed to a term of eighty-two months’ imprisonment. He did not, however, waive his rights to a written order, as required by section 39.059(7)(d), Florida Statutes (Supp.1994). See Sirmons v. State, 620 So.2d 1249 (Fla.1993) (absent a knowing and intelligent waiver, a plea agreement does not waive…

41. Springer v. State 660 So. 2d 310 · 1D94-4269 · 1st DCA 1995

    This opinion cites § 39.059 4 times, the section generally

    · cited by 2 in all courts

    …contemporaneous reasons for a departure sentence and the failure to enter written findings justifying adult sanctions for a juvenile offender under section 39.059(7)(c), Florida Statutes (1991). [1] Cf. Hangen v. State, 651 So.2d 706 (Fla. 5th DCA 1995) (reaching the merits of a Rule 3.800 claim that juvenile offender…

42. Frattallone v. State 658 So. 2d 1130 · DCA94-02374 · District Court of Appeal 1995

    This opinion cites § 39.059 4 times, the section generally

    · cited by 1 in all courts

    …his scoresheet has several errors and the trial court erred in sentencing him as an adult without properly making the suitability findings required by section 39.059(7)(e), Florida Statutes (1991). After Frattallone was certified for prosecution as an adult, the state filed an information charging him with dealing in stolen…

43. Thomas v. State 657 So. 2d 51 · 2D94-00439 · 2nd DCA 1995

    This opinion cites § 39.059 4 times, the section generally

    · cited by 1 in all courts

    … Javaro K. Thomas appeals the denial of his motion to withdraw plea. We affirm the denial of the motion, but remand for resentencing pursuant to section 39.059(7), Florida Statutes (1991). On August 21, 1992, Thomas was charged by information with robbery, armed burglary, attempted first-degree murder, grand theft,…

44. Griffith v. State 654 So. 2d 936 · 4D91-0297 · 4th DCA 1995

    This opinion cites § 39.059 4 times, the section generally

    · cited by 9 in all courts

    …on a child less than 12 years of age, committed when he was 17." The court imposed an adult sentence without complying with the factors set forth in section 39.059(7)(c). In the defendant's *943 appeal, the State argued the defendant waived his right to be considered a youthful offender because he did not raise the issue…

45. Holt v. State 646 So. 2d 844 · 1D94-1663 · 1st DCA 1994

    This opinion cites § 39.059 4 times, the section generally

    …Vance Holt, challenges the imposition of adult sanctions without a written order sufficiently addressing the statutory criteria and requirement of section 39.059(7)(c) and (d). We agree with appellant that the court failed to comply with the statute, and reverse and remand for re-sentencing in compliance with section…

46. Robinson v. State 642 So. 2d 1204 · 4D94-0080 · 4th DCA 1994

    This opinion cites § 39.059 4 times, the section generally

    · cited by 4 in all courts

    …a juvenile, as an adult without adequately evaluating each of the specific statutory criteria relating to suitability of adult sanctions pursuant to section 39.059(7)(c), Florida Statutes (1993). Defendant was charged by information with aggravated battery and pleaded no contest to the lesser charge of simple battery. The…

47. Farmer v. State 636 So. 2d 866 · DCA93-1552 · District Court of Appeal 1994

    This opinion cites § 39.059 4 times, the section generally

    …on his negotiated guilty pleas, but we reverse appellant’s sentences because the trial court failed to consider the statutory criteria set forth in section 39.059(7), Florida Statutes (1991), at the time of sentencing appellant as an adult. Appellant was a juvenile when he committed the offenses to which he pled guilty.…

48. Hill v. State 605 So. 2d 514 · DCA92-297 · District Court of Appeal 1992

    This opinion cites § 39.059 4 times, the section generally

    · cited by 2 in all courts

    …seeks reversal of an order imposing adult sanctions. As grounds therefor, appellant contends the trial court failed to comply with the requirements of section 39.059(7)(e), Florida Statutes (1991). We reverse. Appellant was charged with aggravated battery, a second degree felony. The charge arose from a school bus altercation…

49. Harris v. State 789 So. 2d 1114 · 1D00-898 · 1st DCA 2001

    This opinion cites § 39.059 3 times, the section generally

    · cited by 110 in all courts

    …postconviction relief, he alleged that, because he was a juvenile offender, the trial court had erred in failing to make factual findings required by section 39.059(7), Florida Statutes (Supp.1990), before pronouncing sentence. The trial court granted this motion, vacated the original sentence, and set a hearing in order to…

50. State v. J.S. 716 So. 2d 865 · DCA97-1068 · District Court of Appeal 1998

    This opinion cites § 39.059 3 times, the section generally

    …the court imposed juvenile rather than adult sanctions, without making written findings concerning the suitability of adult sanctions set forth in section 39.059(7)(e). The state objected to the transfer and imposition of juvenile sanctions. We affirm. The state’s sole argument on appeal is that the court rendered an…

51. Brown v. State 692 So. 2d 987 · DCA96-2692 · District Court of Appeal 1997

    This opinion cites § 39.059 3 times, the section generally

    · cited by 1 in all courts

    …findings supporting the sentence. 2 This section was amended effective October 1, 1994, to eliminate the requirement of specific findings. However, section 39.059(7)(d) requires the decision be put in written form: Any decision to impose adult sanctions must be in writing, but is presumed appropriate, and the court is not…

52. Lunn v. State 675 So. 2d 648 · 2D95-01749 · 2nd DCA 1996

    This opinion cites § 39.059 3 times, the section generally

    · cited by 8 in all courts

    …noted on the plea form that he had relinquished his right to a PDR, the judge did not ascertain whether Lunn's waiver was knowing and voluntary. Section 39.059(7), Florida Statutes (Supp.1994), mandates that a judge consider a PDR before sentencing a youthful offender. The statute provides that a defendant may waive the…

53. Nation v. State 668 So. 2d 284 · 1D94-3748 · 1st DCA 1996

    This opinion cites § 39.059 3 times, the section generally

    · cited by 8 in all courts

    …contends that the trial court erred in failing to set forth specific written findings regarding his suitability for adult sanctions pursuant to section 39.059, Florida Statutes. The appellant asserts that we must vacate the sentence and remand the case for the lower tribunal to consider the suitability of adult…

54. Goodman v. State 657 So. 2d 928 · DCA94-2732 · District Court of Appeal 1995

    This opinion cites § 39.059 3 times, the section generally

    …this court remanded the case to the trial court so that Goodman could be resentenced in full compliance with the sentencing criteria set forth in section 39.059, Florida Statutes (1993). Goodman v. State, 638 So.2d 213 (Fla. 4th DCA 1994). On remand, however, the trial court failed to follow the proper procedure…

55. Figueroa v. State 657 So. 2d 1225 · DCA94-00344 · District Court of Appeal 1995

    This opinion cites § 39.059 3 times, the section generally

    · cited by 1 in all courts

    …is to have the trial court determine the suitability of imposing adult sanctions by considering the criteria enumerated in section 39.111(7) (now section 39.059(7)). Sirmons v. State, 620 So.2d 1249 (Fla.1993). A juvenile may negotiate a plea waiving that right but before the plea agreement may be accepted by the…

56. Varela v. State 650 So. 2d 683 · 5D94-300 · 5th DCA 1995

    This opinion cites § 39.059 3 times, the section generally

    · cited by 4 in all courts

    …and sentence. Varela alleges that because he was 16 at the time of sentencing, the trial judge was required to enter written findings pursuant to section 39.059(7), Florida Statutes (1993). Since the trial judge failed to enter written findings, Varela argues his judgment and sentence should be reversed and the case…

57. Shaw v. State 645 So. 2d 68 · 4D93-3290 · 4th DCA 1994

    This opinion cites § 39.059 3 times, the section generally

    · cited by 5 in all courts

    …conviction is affirmed but we reverse Appellant's adult sentence and remand for the trial court to make specific written findings, in accordance with section 39.059(7)(d), with respect to the Appellant juvenile's "sophistication and maturity." § 39.059(7)(c)4, Fla. Stat. (1993). On resentencing, the court may again determine…

58. M.A.V. v. State 643 So. 2d 81 · DCA93-00018 · District Court of Appeal 1994

    This opinion cites § 39.059 3 times, the section generally

    · cited by 2 in all courts

    …v. State, 630 So.2d 528 (Fla.1993), which was not issued at the time of sentencing in M.A.V.’s case. In Troutman the supreme court held section 39.059(7)(d), Florida Statutes (1991), clearly requires that the decision to impose adult sanctions must be issued contemporaneously in writing and must consider each of…

59. Marker v. State 642 So. 2d 666 · DCA93-00652 · District Court of Appeal 1994

    This opinion cites § 39.059 3 times, the section generally

    …that the trial court erred in failing to render specific written findings of fact to support its decision to impose adult sanctions, pursuant to section 39.059(7)(d), Florida Statutes (1991). See Troutman v. State, 630 So.2d 528 (Fla.1993) (trial court must consider criteria in section 39.059(7)(c) before imposing…

60. Thompson v. State 640 So. 2d 1236 · DCA93-3452 · District Court of Appeal 1994

    This opinion cites § 39.059 3 times, the section generally

    · cited by 1 in all courts

    … Appellant, a juvenile, was convicted of battery and sentenced as an adult. Appellant contends that the trial court did not meet the requirements of section 39.059(7), Fla.Stat. (1993), in imposing adult sanctions because the trial court did not address all of the statutory criteria and the trial court did not enter a…

61. Thomas v. State 639 So. 2d 204 · DCA93-01376 · District Court of Appeal 1994

    This opinion cites § 39.059 3 times, the section generally

    · cited by 1 in all courts

    …the offenses, and he contends, and the state agrees, that the trial court erred in sentencing him as an adult without making the findings required by section 39.059(7)(c), Florida Statutes (1991). We reverse and remand for resen-tencing. Section 39.059(7)(c) mandates that before a juvenile may be sentenced as an adult, the…

62. Bryan v. State 638 So. 2d 608 · DCA93-3453 · District Court of Appeal 1994

    This opinion cites § 39.059 3 times, the section generally

    …permitting departure from the guidelines, did not mention or waive findings by the trial court on the suitability of adult sanctions, pursuant to section 39.059(7)(c), Florida Statutes (1993); neither was any waiver made orally at the plea proceeding. The trial court accepted the plea, and ordered a pre-disposition report…

63. Clayton v. State 636 So. 2d 596 · DCA93-3454 · District Court of Appeal 1994

    This opinion cites § 39.059 3 times, the section generally

    · cited by 1 in all courts

    …Thaddeus Orlando Clayton appeals the imposition of adult sanctions in the absence of a written order addressing the statutory criteria as required by section 39.059(7)(c) & (d), Florida Statutes (1993). We reverse and remand for resentencing. The appellant, who was a juvenile, pled no contest to attempted sexual battery. At…

64. Padilla v. State 622 So. 2d 160 · DCA92-2299 · District Court of Appeal 1993

    This opinion cites § 39.059 3 times, the section generally

    · cited by 2 in all courts

    …concedes, that the trial court illegally sentenced him as an adult because the court did not follow the statutorily mandated procedure set forth in section 39.059(7), Florida Statutes (1991). We agree and reverse. The statute applies in all instances where a child has been found to violate the law; it does not…

65. P.D.W. v. State 620 So. 2d 1112 · 1D92-01176 · 1st DCA 1993

    This opinion cites § 39.059 3 times, the section generally

    · cited by 2 in all courts

    …610 So.2d 651 (Fla. 1st DCA 1992), the court stated that defense counsel had waived the PDR that is required when sentencing a juvenile as an adult. See § 39.059(7)(a), Fla.Stat. (1991). The First District held that although defense counsel had waived the PDR required by section 39.059(7)(a), counsel did not waive the…

66. Meyers v. State 593 So. 2d 609 · 5D91-1530 · 5th DCA 1992

    This opinion cites § 39.059 3 times, the section generally

    · cited by 2 in all courts

    …sanctions. Appellant contends that the trial court violated his sentencing rights as a juvenile by failing to consider the statutory criteria in section 39.059(7), Florida Statutes (1991). We agree. When juveniles are prosecuted as adults, the suitability or nonsuitability of adult sanctions must be determined by the…

67. Horne v. State 593 So. 2d 309 · 5D91-1444 · 5th DCA 1992

    This opinion cites § 39.059 3 times, the section generally

    · cited by 3 in all courts

    …contends that the trial court violated his sentencing rights as a juvenile by imposing adult sanctions without considering the statutory criteria in section 39.059(7), Florida Statutes (Supp. 1990). We agree. Section 39.059(7)(c) lists six criteria for consideration by the court before imposing adult sanctions. Section…

68. Riley v. State 588 So. 2d 1035 · DCA91-0513 · District Court of Appeal 1991

    This opinion cites § 39.059 3 times, the section generally

    · cited by 2 in all courts

    … James Riley, a juvenile, appeals from his conviction of possession of burglary tools and a sentence which imposed adult sanctions pursuant to section 39.059(7)(c), Florida Statutes (Supp.1990). We affirm in part, reverse in part and remand. We hold that the record contains sufficient evidence for a reasonable jury to…

69. Mendoza-Magadan v. State 217 So. 3d 112 · 4D16-1458 · 4th DCA 2017

    This opinion cites § 39.059 2 times, the section generally

    …law required transparency in the decision to sentence juveniles as adults. This requirement was a matter of statutory, and not constitutional, law. Section 39.059(7)(c), Florida Statutes (1991), provided that “[sjuitability or non-suitability for adult sanctions shall be determined by the court before any other determination…

70. Tisdol v. State 794 So. 2d 576 · SC00-115 · Florida Supreme Court 2001

    This opinion cites § 39.059 2 times, the section generally

    · cited by 4 in all courts

    …Tisdol asserted for the first time that the initial *577 adult sanction was invalid because, in 1994, the trial court failed to comply with section 39.059, Florida Statutes (1993), which required that when a judge sentences a juvenile' as an adult, he or she must issue a contemporaneous written order explaining…

71. Jeffries v. State 770 So. 2d 1157 · SC92007 · Florida Supreme Court 2000

    This opinion cites § 39.059 2 times, the section generally

    …court considered the statutorily *1158 mandated presentence investigation report or the criteria for sentencing a juvenile as an adult pursuant to section 39.059(7), Florida Statutes (1995). The State countered that Jeffries failed to comply with section 924.051, created by the Criminal Appeal Reform Act, which requires…

72. Benson v. State 763 So. 2d 1235 · 2D97-66 · 2nd DCA 2000

    This opinion cites § 39.059 2 times, the section generally

    · cited by 1 in all courts

    …its decision to sentence Benson as an adult in writing. 1 The trial court must put its decision to sentence a juvenile to adult sanctions in writing. See § 39.059(7)(d), Fla. Stat. (1995). See also Smith v. State, 684 So.2d 245 (Fla. 2d DCA 1996) (remanding for resentencing because the trial court failed to put its…

73. Barrientos v. State 705 So. 2d 1066 · DCA96-01763 · District Court of Appeal 1998

    This opinion cites § 39.059 2 times, the section generally

    …on the trial court’s failure to make any written findings to support adult sanctions. This court remanded the ease for resentencing in compliance with section 39.059(7)(c),(d), Florida Statutes (1993), and Troutman. See Barrientos v. State, 665 So.2d 243 (Fla. 2d DCA 1995). In this appeal Barrientos argues he is again…

74. Brundage v. State 688 So. 2d 1037 · DCA96-01661 · District Court of Appeal 1997

    This opinion cites § 39.059 2 times, the section generally

    …(or the Department of Juvenile Justice) is instructed to add to the pre-sentence investigation its recommendation as to the proper disposition of this case. § 39.059(7), Fla. Stat. (1995). Upon re-sentencing, the trial court will, if it decides to impose adult sanctions, enter a written order as required by section 39.059(7),…

75. Summers v. State 684 So. 2d 729 · SC87817 · Florida Supreme Court 1996

    This opinion cites § 39.059 2 times, the section generally

    · cited by 7 in all courts

    …on the following question certified to be of great public importance: IS THE FAILURE OF THE TRIAL COURT TO ENTER THE WRITTEN FINDINGS REQUIRED BY SECTION 39.059(7)(C), FLORIDA STATUTES (1991) AND TROUTMAN V STATU, 680 So.2d 528 (Fla.1993) COGNIZIBLE COL-' LATERALLY? Summers v. State, 670 So.2d 1111 (Fla. 3d…

76. Clarkson v. State 678 So. 2d 486 · 4D95-2411 · 4th DCA 1996

    This opinion cites § 39.059 2 times, the section generally

    · cited by 2 in all courts

    …at the time of the offense and argues on appeal that the trial court, in sentencing him, failed to evaluate the statutory criteria propounded in section 39.059(7)(c), Florida Statutes (Supp.1994). The state responds that the requirement for such specific findings was negated by the enactment of section 39.059(7)(d),…

77. Mungin v. State 677 So. 2d 958 · DCA95-02159 · District Court of Appeal 1996

    This opinion cites § 39.059 2 times, the section generally

    · cited by 1 in all courts

    …factual findings under the 1994 version of section 39.057, Florida Statutes, the court nevertheless must render a written order noting its decision. § 39.059(7)(d), Fla. Stat. (Supp.1994); Collins v. State, 21 Fla. L. Weekly D1400 , — So.2d — (Fla. 2d DCA June 12, 1996); Lunn v. State, 675 So.2d 648 (Fla. 2d DCA…

78. Scott v. State 676 So. 2d 507 · DCA94-04606 · District Court of Appeal 1996

    This opinion cites § 39.059 2 times, the section generally

    …time of the offense, the court should have sentenced him as a juvenile (§ 39.022(2), Fla. Stat. (1993)) unless it made a written determination under section 39.059(7)(d), Florida Statutes (1993), that adult sanctions should be imposed. The court made no such determination, either orally or in writing. It simply sentenced…

79. Summers v. State 670 So. 2d 1111 · DCA95-2165-2 · District Court of Appeal 1996

    This opinion cites § 39.059 2 times, the section generally

    · cited by 1 in all courts

    …a contemporaneous reason for a departure sentence and the failure to enter written findings justifying adult sanctions for a juvenile offender under section 39.059(7)(e) Florida Statutes (1991), we certify the same question that was certified in Springer as being one of great public importance: IS THE FAILURE OF THE…

80. Evans v. State 672 So. 2d 554 · DCA95-3303 · District Court of Appeal 1996

    This opinion cites § 39.059 2 times, the section generally

    · cited by 1 in all courts

    …At the time he was sentenced, a juvenile could only receive adult sanctions if specific findings mandated by statute were reduced to writing. See section 39.059(7)(d), Fla.Stat. (1993). Evans alleged that the court failed to enter written findings as to the suitability of adult sanctions before imposing sentence. Our court…

81. Harvey v. State 667 So. 2d 484 · 2D95-01260 · 2nd DCA 1996

    This opinion cites § 39.059 2 times, the section generally

    …Walter I. Harvey, challenges the imposition of adult sanctions for crimes he committed when he was a juvenile. He primarily contends that, pursuant to section 39.059, Florida Statutes (1993), and Troutman v. State, 630 So.2d 528 (Fla.1993), the trial court erred in failing to file contemporaneous written reasons for…

82. Springfield v. State 657 So. 2d 63 · DCA94-00885 · District Court of Appeal 1995

    This opinion cites § 39.059 2 times, the section generally

    …mandates of Troutman v. State, 630 So.2d 528 (Fla. 1993). The state concedes error because the court did not make individualized findings under section 39.059(7)(c), Florida Statutes (1991), and because it failed to enter a contemporaneous written order stating its reasons for imposing adult sanctions. We, therefore,…

83. T.L.P. v. State 657 So. 2d 49 · DCA94-04115 · District Court of Appeal 1995

    This opinion cites § 39.059 2 times, the section generally

    …respect as if he were an adult for any subsequent violation of Florida law, unless the court, pursuant to this paragraph, imposes juvenile sanctions under s. 39.059(6). A subsequent violation occurs only after the juvenile has been transferred for criminal prosecution and has been found to have committed the offense. …

84. Pearson v. State 657 So. 2d 21 · DCA93-01947 · District Court of Appeal 1995

    This opinion cites § 39.059 2 times, the section generally

    · cited by 1 in all courts

    …but he was sentenced as an adult. The trial court entered an order containing written findings in support of Pearson’s sentence as required by section 39.059(7)(d), Florida Statutes (1991), but the order was entered two months after sentencing, nunc pro tunc to the date of sentencing. We must reverse for two reasons. …

85. Coronado v. State 654 So. 2d 1267 · 2D94-01129 · 2nd DCA 1995

    This opinion cites § 39.059 2 times, the section generally

    · cited by 24 in all courts

    …and the written sentence, we agree with appellant, vacate appellant's sentence and remand for resentencing. Appellant was sentenced as an adult under section 39.059(7)(d), Florida Statues (1991) to two four-year prison terms, followed by eighteen months community control concurrent. Under Troutman v. State, 630 So.2d 528 …

86. Sales v. State 652 So. 2d 513 · 4D94-1829 · 4th DCA 1995

    This opinion cites § 39.059 2 times, the section generally

    · cited by 4 in all courts

    …So.2d 528 (Fla. 1993), the trial court erred in imposing an adult sentence without making written findings at the time of sentencing as mandated by Section 39.059(7)(c), Florida Statutes (1993). [1] See also Robinson v. State, 642 So.2d 1204 (Fla. 4th DCA 1994). Filing of the transcript of the sentencing hearing was…

87. White v. State 651 So. 2d 1264 · DCA93-2406 · District Court of Appeal 1995

    This opinion cites § 39.059 2 times, the section generally

    …and (2) whether the trial court erred in sentencing appellant as an adult without making adequate contemporaneous written findings in accordance with section 39.059(7), Florida Statutes (1993). We find that it is not possible for a person to discharge a firearm on public property without also being in possession of the …

88. Casey v. State 651 So. 2d 1230 · 2D93-03214 · 2nd DCA 1995

    This opinion cites § 39.059 2 times, the section generally

    · cited by 4 in all courts

    … The appellant also claims it was error for the trial court to sentence him as an adult without reducing its oral findings to writing as required by section 39.059(7), Florida Statutes (1993), Troutman v. State, 630 So.2d 528 (Fla. 1993), and Thompson v. State, 638 So.2d 614 (Fla. 2d DCA 1994) (statutory written…

89. Hall v. State 651 So. 2d 217 · DCA94-1293 · District Court of Appeal 1995

    This opinion cites § 39.059 2 times, the section generally

    …or throwing a deadly missile. Further, Hall claims the trial court erred by imposing adult sanctions without making findings in conformity with section 39.059(7), Florida Statutes (1993) as he was a juvenile at the time the alleged incident occurred. The victim testified that on March 6, 1993, around 2:15 or 2:30 in…

90. Roddenberry v. State 646 So. 2d 854 · DCA94-0644 · District Court of Appeal 1995

    This opinion cites § 39.059 2 times, the section generally

    …erred in sentencing him as an adult without making the mandatory written factual findings concerning the suitability of adult sanctions required by section 39.059(7), Florida Statutes (1993). The importance of setting out the criteria in section 39.059(7) was recently reiterated by the Supreme Court of Florida in Troutman…

91. Tharp v. State 648 So. 2d 229 · 2D93-02253 · 2nd DCA 1994

    This opinion cites § 39.059 2 times, the section generally

    · cited by 2 in all courts

    … 630 So.2d 528 (Fla.1993), the trial court is required to give an individualized evaluation of how a juvenile defendant fits within the criteria of section 39.059(7)(c), Florida Statutes (1991). As in Troutman , the reasons given here by the trial court are eonclusory and merely track the language of the statute. …

92. Aguirre v. State 661 So. 2d 29 · 2D93-03677 · 2nd DCA 1994

    This opinion cites § 39.059 2 times, the section generally

    · cited by 1 in all courts

    … (Fla. 1993). Because Troutman requires that the trial court give an individualized evaluation of how the defendant fits within the criteria of section 39.059(7)(e), Florida Statutes (1993), before imposing an adult sentence, we are compelled to remand for resentencing. Comparing the oral and written reasons given in …

93. Tibbs v. State 659 So. 2d 295 · DCA93-4169 · District Court of Appeal 1994

    This opinion cites § 39.059 2 times, the section generally

    · cited by 1 in all courts

    …Appellant argues that the trial judge erred in sentencing him as an adult in these three cases without addressing any of the statutory criteria of section 39.059(7), Florida Statutes. The state concedes error. Troutman v. State, 630 So.2d 528 (Fla.1993). On remand, the trial judge must consider the criteria of…

94. Kazakoff v. State 644 So. 2d 331 · 2D93-01803 · 2nd DCA 1994

    This opinion cites § 39.059 2 times, the section generally

    … William Dominie Kazakoff, Jr., a juvenile, pleaded guilty to numerous felonies. The trial court considered the statutory factors set forth in section 39.059(7)(c), Florida Statutes (1991) and sentenced Kazakoff as an adult. At the time of sentencing, the trial court did not have the benefit of the supreme court’s…

95. Thompson v. State 638 So. 2d 614 · DCA93-02025 · District Court of Appeal 1994

    This opinion cites § 39.059 2 times, the section generally

    · cited by 1 in all courts

    … The appellant challenges his judgment and sentence for grand theft. He argues that the trial court erred in failing to consider the factors in section 39.059(7)(c), Florida Statutes (1991), before determining whether to impose adult sanctions upon him. We agree. On August 12, 1992, the state filed an information…

96. Owens v. State 638 So. 2d 158 · DCA92-03784 · District Court of Appeal 1994

    This opinion cites § 39.059 2 times, the section generally

    …terms of imprisonment. We find reversible error in the sentencing procedure. The trial court properly sentenced the appellant by reference to section 39.059, Florida Statutes (1991), governing the commitment of children prosecuted as adults. The court considered a predisposition report in accordance with…

97. Pough v. State 637 So. 2d 372 · DCA92-04022 · District Court of Appeal 1994

    This opinion cites § 39.059 2 times, the section generally

    … Timothy Pough attacks the sentence of adult sanctions imposed by the trial court without its individualized evaluation of the factors enumerated in section 39.059(7)(c), Florida Statutes (1991). The order on appeal contained a marked checklist promulgated from the six criteria specified in the statute. The judge made no oral…

98. Sanders v. State 638 So. 2d 569 · DCA93-1807 · District Court of Appeal 1994

    This opinion cites § 39.059 2 times, the section generally

    · cited by 2 in all courts

    …Although the defendant was an adult at the time of sentencing, he was seventeen years old and thus a juvenile at the time of the offense; accordingly, Section 39.059(7), Florida Statutes (1991), was applicable to this ease. Toussaint v. State, 592 So.2d 770, 771 (Fla. 5th DCA 1992); Barkley v. State, 522 So.2d 431 …

99. Ruff v. State 637 So. 2d 57 · 5D93-1180 · 5th DCA 1994

    This opinion cites § 39.059 2 times, the section generally

    …juvenile. To avoid repeating the sentencing exercise, the trial judges of this district, when sentencing a juvenile, should first determine whether section 39.059 is applicable. 1 If so, the court must perform the steps outlined by the Sir-mons court. I, too, am unable to make any sense of the sentence. The orally…

100. Owens v. State 634 So. 2d 1160 · DCA93-2347 · District Court of Appeal 1994

     This opinion cites § 39.059 2 times, the section generally

     …on adult sanctions. The State concedes that the trial court erred in failing to make the mandatory written findings and conclusions as required by section 39.059(7)(c)l.-6. & (d), Florida Statutes. Under State v. Rhoden, 448 So.2d 1013 (Fla.1984) and, more recently, Troutman v. State, 630 So.2d 528 (Fla.1993), a…

101. Young v. State 630 So. 2d 671 · DCA92-2686 · District Court of Appeal 1994

     This opinion cites § 39.059 2 times, the section generally

     …If the trial judge continues to believe that adult sanctions should be imposed, he must comply with the written specificity requirement of section 39.059(7)(d), Florida Statutes (1991). With regard to defendant’s maturity, a proper finding requires more than the mere observation that he is sophisticated about the…

102. Orange v. State 619 So. 2d 1033 · DCA92-1973 · District Court of Appeal 1993

     This opinion cites § 39.059 2 times, the section generally

     …act the parties set out to accomplish”). *1034 In sentencing defendant as an adult, the trial court fully complied with the requirements of section 39.059(7), Florida Statutes (1991). Section 39.059(7) requires the sentencing court to make specific written findings that address each of the five criteria listed in…

103. Boston v. State 614 So. 2d 694 · DCA91-03515 · District Court of Appeal 1993

     This opinion cites § 39.059 2 times, the section generally

     …He claims the trial court erred by so sentencing him without benefit of a *695 predispositional report or written findings in accordance with section 39.059(7), Florida Statutes (1991). He is correct. State v. Rhoden, 448 So.2d 1013 (Fla.1984); Cobb v. State, 586 So.2d 1298 (Fla. 2d DCA 1991). We…

104. Trueblood v. State 610 So. 2d 12 · DCA92-1527 · District Court of Appeal 1992

     This opinion cites § 39.059 2 times, the section generally

     · cited by 3 in all courts

     …in support of adult sanctions, i.e., many of the findings pertain only to an unrelated burglary conviction, and one required finding, set forth at section 39.059(7)(c)6., was omitted altogether. We direct the trial court, if on remand it determines to reimpose adult sanctions, to make specific written findings of fact on each…

105. Kelly v. State 605 So. 2d 990 · DCA91-2075 · District Court of Appeal 1992

     This opinion cites § 39.059 2 times, the section generally

     · cited by 2 in all courts

     …appellant’s sentence and remand for resentencing. Upon remand, the court must consider each of the six criteria listed in section 39.111(7)(c) (now section 39.059(7)(c), Florida Statutes (1991)), and reduce its decision to writing. Specific findings of fact as to each of the six statutory criteria and the reasons for imposing…

106. Iles v. State 602 So. 2d 999 · DCA91-02171 · District Court of Appeal 1992

     This opinion cites § 39.059 2 times, the section generally

     · cited by 1 in all courts

     …Fla.Stat. (1991). lies was seventeen years old at the time this offense was committed. When imposing sentence the trial court failed to comply with section 39.059(7)(c), Florida Statutes (1991). This subsection requires that the court, utilizing six enumerated criteria, determine prior to disposition the juvenile’s…

107. Mullins v. State 602 So. 2d 695 · DCA91-01581 · District Court of Appeal 1992

     This opinion cites § 39.059 2 times, the section generally

     …raises two points oh appeal, and we affirm as to the first point. As to the second, we reverse and remand for resentencing in accordance with section 39.059(7)(c) and (d), Florida Statutes (Supp. 1990), pursuant to Croskey v. State, 601 So.2d 1326 (Fla. 2d DCA 1992) (en banc). Also, on remand, the trial court may…

108. Bell v. State 598 So. 2d 203 · 4D91-1067 · 4th DCA 1992

     This opinion cites § 39.059 2 times, the section generally

     · cited by 2 in all courts

     …Smith, Asst. Atty. Gen., West Palm Beach, for appellee. PER CURIAM. The trial court erred in sentencing this appellant by failing to comply with section 39.059(7)(c), Florida Statutes (1991). Specifically, the trial court must address each of the statutory criteria in a written order. See Riley v. State, 588 So.2d…

109. Regueiro v. State 596 So. 2d 175 · DCA91-0891 · District Court of Appeal 1992

     This opinion cites § 39.059 2 times, the section generally

     · cited by 1 in all courts

     PER CURIAM. We affirm appellant’s convictions but reverse his sentence and remand for resen-tencing in accord with the provisions of section 39.059(7)(c), Florida Statutes (Supp. 1990). At the time of appellant’s sentencing, the legislature had amended section 39.022(5)(c) 3 to provide that a juvenile indicted…

110. Judge v. State 596 So. 2d 73 · 2D91-02215 · 2nd DCA 1992

     This opinion cites § 39.059 2 times, the section generally

     · cited by 144 in all courts

     …be helpful to this analysis. A sentence imposing adult sanctions on a juvenile in the absence of specific findings regarding the criteria set forth in section 39.059(7)(c), Florida Statutes (1991) is an erroneous sentence. See § 39.059(7)(d), Fla. Stat. (1991); Stickles v. State, 579 So.2d 878 (Fla. 2d DCA 1991). The…

111. Newberry v. State 597 So. 2d 812 · DCA91-2055 · District Court of Appeal 1992

     This opinion cites § 39.059 2 times, the section generally

     …a juvenile, as an adult without entering a specific written finding of fact and reasons for the decision to impose adult sanctions as required by section 39.059(7)(d), Florida Statutes (Supp.1990). See Stanley v. State, 582 So.2d 140 (Fla. 5th DCA 1991); Stickles v. State, 579 So.2d 878 (Fla. 2d DCA 1991); …

112. McCrea v. State 980 So. 2d 1268 · 2D07-4273 · 2nd DCA 2008

     This opinion cites § 39.059 1 time, the section generally

     · cited by 1 in all courts

     …of Florida Rule of Juvenile Procedure 8.105, the trial court could still have treated McCrea as a juvenile and imposed juvenile sanctions pursuant to section 39.059(7), Florida Statutes (1993). [1] In fact, although not part of the appellate record in this case, McCrea sent this court a copy of an order which purports to…

113. State v. G.G. 941 So. 2d 484 · 3D06-2615 · 3rd DCA 2006

     This opinion cites § 39.059 1 time, the section generally

     …except that the court may not order or allow a child alleged to have committed a misdemeanor who is being transferred for criminal prosecution pursuant to. s. 39.059 to be detained or held in a jail or other facility intended or used for the detention of adults; however, such child may be held temporarily in a detention…

114. Law v. State 825 So. 2d 474 · 2D02-1111 · 2nd DCA 2002

     This opinion cites § 39.059 1 time, the section generally

     …failing to object when the trial court did not provide written reasons for imposing adult sanctions. Law’s argument is based on his assumption that section 39.059(7)(d), Florida Statutes (1994), applied to his offense. However, because Law was indicted for a capital offense and entered a plea to an offense punishable by…

115. Kale v. State 767 So. 2d 1269 · 3D00-1207 · 3rd DCA 2000

     This opinion cites § 39.059 1 time, the section generally

     … Although the trial judge denied the defendant’s 3.850 motion on the erroneous ground that it was untimely filed, we affirm on the authority of section 39.059(7)(d), Florida Statutes (1995). See Cargle v. State, No. SC92031, slip op. at 7 & n. 2, — So.2d-,-& n. 2, 2000 WL 1353726 (Fla. Sept.21, 2000) (majority…

116. Hutchinson v. State 770 So. 2d 1156 · SC95951 · Florida Supreme Court 2000

     This opinion cites § 39.059 1 time, the section generally

     …under Florida Rule of Criminal Procedure 3.800(b), the sentencing judge’s failure to address in writing the decision to impose adult sanctions under section 39.059(7), Florida Statutes (1995). Accordingly, we approve the decision below. 1 It is so ordered. *1157 WELLS, C.J., and SHAW, HARDING, LEWIS and QUINCE, JJ„…

117. State v. S.C. 762 So. 2d 1008 · 3D99-2903 · 3rd DCA 2000

     This opinion cites § 39.059 1 time, the section generally

     · cited by 1 in all courts

     …state attorney direct filed S.C. into adult court. On May 29, 1997, S.C. entered a guilty plea and was sentenced to juvenile sanctions, pursuant to section 39.059(7)(C), Florida Statutes (1997). S.C. was given a withhold of adjudication and placed on probation with a number of special conditions. On September 15, 1999, after…

118. Tisdol v. State 747 So. 2d 428 · DCA98-2843 · District Court of Appeal 1999

     This opinion cites § 39.059 1 time, the section generally

     · cited by 1 in all courts

     …the seventeen year sentence was improperly entered since the lower court did not follow the requirements for sentencing a juvenile as an adult under section 39.059(7)(c), Florida Statutes (1997). This contention comes despite the fact that defendant was twenty years old when he freely and voluntarily entered into the community…

119. Nelson v. State 739 So. 2d 1177 · 4D98-1456 · 4th DCA 1999

     This opinion cites § 39.059 1 time, the section generally

     · cited by 6 in all courts

     …admissible. That testimony was clearly insufficient to comply with Larzelere . Appellant also argues that the court erred in failing to follow section 39.059(7)(a), Florida Statutes (1995), renumbered section 985.233(3)(a), Florida Statutes (1997). This section requires an evaluation by the Department of Juvenile Justice…

120. Locke v. State 719 So. 2d 1249 · 1D97-2431 · 1st DCA 1998

     This opinion cites § 39.059 1 time, the section generally

     · cited by 28 in all courts

     …1st DCA 1997) (affirming as unpreserved a claim that the trial court erred in sentencing juvenile as adult without considering statutory criteria in section 39.059(7)); Johnson v. State, 697 So.2d 1245 (Fla. 1st DCA 1997) (affirming *1252 as unpreserved a claim that defendant received an improper upward departure…

121. Scorpio v. State 717 So. 2d 1122 · DCA98-3418 · District Court of Appeal 1998

     This opinion cites § 39.059 1 time, the section generally

     · cited by 1 in all courts

     …a dwelling, grand theft, and dealing in stolen property. He asserts, inter alia, that the trial court failed to consider the statutory criteria of section 39.059(7)(c), Florida Statutes (1995) in imposing adult sanctions on him. While this error has merit, it has not been properly preserved for appellate review. Carson v.…

122. Dodson v. State 710 So. 2d 159 · 1D97-526 · 1st DCA 1998

     This opinion cites § 39.059 1 time, the section generally

     · cited by 15 in all courts

     …1st DCA 1997)(affirming as unpreserved a claim that the trial court erred in sentencing juvenile as adult without considering statutory criteria in section 39.059(7)); Johnson v. State, 697 So.2d 1245 (Fla. 1st DCA 1997)(affirming as unpreserved a claim that defendant received an improper upward departure sentence…

123. Kirby v. State 702 So. 2d 599 · DCA96-03374 · District Court of Appeal 1997

     This opinion cites § 39.059 1 time, the section generally

     CAMPBELL, Acting Chief Judge. Appellant, a juvenile, challenges his sentencing as an adult. He maintains that the court’s failure to comply with section 39.059(8), Florida Statutes (1995), which requires the court to put into writing any decision to sentence a juvenile as an adult, requires reversal of his sentence.…

124. Hobson v. State 700 So. 2d 186 · DCA96-3809 · District Court of Appeal 1997

     This opinion cites § 39.059 1 time, the section generally

     …appellant’s conviction on the charges of making a destructive device and burglary of a conveyance, but remand for resentencing in accordance with section 39.059(7), Florida Statutes (1995), at which time the court may, upon statutory compliance, sentence appellant as an adult. *187 AFFIRMED; REMANDED FOR…

125. State v. Davis 699 So. 2d 848 · 3D97-1869 · 3rd DCA 1997

     This opinion cites § 39.059 1 time, the section generally

     · cited by 2 in all courts

     …that the *849 court may not order or allow a child alleged to have committed a misdemeanor who is being transferred for criminal prosecution pursuant to s. 39.059 to be detained or held in a jail or other facility intended or used for the detention of adults; however, such child may be held temporarily in a detention…

126. Smith v. State 697 So. 2d 991 · 4D96-2747 · 4th DCA 1997

     This opinion cites § 39.059 1 time, the section generally

     · cited by 10 in all courts

     …Appellant's claim of ineffective assistance of counsel for failure to object to the imposition of adult sanctions without adhering to the criteria of section 39.059, Florida Statutes, and without a predisposition report in case number 92-3135, which the prosecution brought by information charging burglary of a dwelling.…

127. Wilson v. State 696 So. 2d 528 · 4D96-0225 · 4th DCA 1997

     This opinion cites § 39.059 1 time, the section generally

     · cited by 3 in all courts

     …youthful offender, as well as a comments section prepared by the Department of Juvenile Justice with its disposition recommendations as required under section 39.059(7), Florida Statutes (1995). Because a complete PSI is necessary for an informed sentencing decision, we must remand this cause to the trial court for…

128. State v. Evans 693 So. 2d 553 · SC88145 · Florida Supreme Court 1997

     This opinion cites § 39.059 1 time, the section generally

     · cited by 3 in all courts

     …relief in which he alleged that he was improperly sentenced as an adult because the trial court did not make specific written findings as required by section 39.059(7)(d), Florida Statutes (1991). The trial court summarily denied relief. On appeal, the Fifth District Court of Appeal reversed. First, the district court…

129. Ledbetter v. State 692 So. 2d 257 · DCA96-722 · District Court of Appeal 1997

     This opinion cites § 39.059 1 time, the section generally

     PER CURIAM. Because the trial court failed to comply with the provisions of section 39.059(7), Florida Statutes (1995), in sentencing the appellant, we must vacate the appellant’s sentences. The appellant’s convictions are affirmed, but his sentences…

130. Mulligan v. State 688 So. 2d 984 · DCA95-02628 · District Court of Appeal 1997

     This opinion cites § 39.059 1 time, the section generally

     · cited by 2 in all courts

     …stating that she can find no meritorious grounds for appeal. She points out, however, that the trial court failed to enter written reasons under section 39.059(7)(d), Florida Statutes (Supp.1994), for imposing adult sanctions on Mulligan. Upon a review of the record, we agree that no grounds for reversal exist.…

131. Oliver v. State 681 So. 2d 1185 · DCA95-02167 · District Court of Appeal 1996

     This opinion cites § 39.059 1 time, the section generally

     · cited by 1 in all courts

     …sanctions. Although a trial court no longer needs to enter a written order stating its reasons why it is sentencing a juvenile defendant as an adult, section 39.059(7)(d), Florida Statutes (Supp. 1994), still requires that the court reduce its decision to impose adult sanctions to writing. Lunn v. State, 675 So.2d 648 …

132. Benson v. Tharpe 685 So. 2d 1363 · 2D96-02108 · 2nd DCA 1996

     This opinion cites § 39.059 1 time, the section generally

     · cited by 3 in all courts

     …comments suggest that he has prejudged all upcoming cases involving juvenile defendants and that he would decline to consider the criteria in section 39.059, Florida Statutes (1995), before determining the propriety of juvenile sanctions. The full transcript of the hearing places the remarks in the following…

133. Crabb v. State 676 So. 2d 505 · 1D95-4277 · 1st DCA 1996

     This opinion cites § 39.059 1 time, the section generally

     · cited by 3 in all courts

     …of adult sanctions. Crabb also argues that the judge erred by failing to enter a written order imposing adult sanctions; this point has merit. Section 39.059(7)(d), Florida Statutes (1995), provides: " Any decision to impose adult sanctions must be in writing, but is presumed appropriate, and the court is not required…

134. State v. Griffith 675 So. 2d 911 · SC85295 · Florida Supreme Court 1996

     This opinion cites § 39.059 1 time, the section generally

     · cited by 24 in all courts

     …by death or by life imprisonment, the child shall be sentenced as an adult." [5] The pertinent substance of section 39.111 is now found in section 39.059, Florida Statutes (1995), having been reenacted as such by chapter 90-208, section 17, Laws of Florida.

135. Dell v. State 673 So. 2d 576 · DCA96-1141 · District Court of Appeal 1996

     This opinion cites § 39.059 1 time, the section generally

     · cited by 2 in all courts

     …So.2d 73 (Fla. 2d DCA 1991) (sentence imposing adult sanctions on juvenile in the absence of specific findings regarding the criteria set forth in section 39.059(7)(c), Florida Statutes, must be raised on direct appeal) (cited with approval by McCloud v. State, 653 So.2d 453 (Fla. 3d DCA 1995)), rev. denied, 613…

136. Harris v. State 674 So. 2d 854 · DCA95-771 · District Court of Appeal 1996

     This opinion cites § 39.059 1 time, the section generally

     · cited by 2 in all courts

     …At the sentencing hearing, the court deemed it appropriate to impose adult sanctions against Harris after considering the criteria enunciated in section 39.059, Florida Statutes (1993). The trial court departed from the recommended sentencing, guidelines range of 8 to 14 years imprisonment for both offenses and…

137. Shortridge v. State 681 So. 2d 729 · DCA94-04227 · District Court of Appeal 1996

     This opinion cites § 39.059 1 time, the section generally

     · cited by 1 in all courts

     …So.2d 528 (Fla.1993), was overruled by statute in 1994 to eliminate Troutman’s strict requirements for resentencing juveniles as adults. Amended section 39.059(7)(d), Florida Statutes (Supp. 1994), effective October 1, 1994, provides: “Any decision to impose adult sanctions must be in writing, but is presumed appropriate,…

138. State v. Wright 669 So. 2d 1132 · 3D95-931 · 3rd DCA 1996

     This opinion cites § 39.059 1 time, the section generally

     …division, but in the event of a conviction or plea, the trial court has full authority to impose juvenile sanctions, if appropriate, pursuant to section 39.059, Florida Statutes. Accordingly, the order remanding the defendant to the juvenile division of the circuit court is quashed. Certiorari granted. The…

139. Bridgewater v. State 668 So. 2d 1092 · 1D95-1153 · 1st DCA 1996

     This opinion cites § 39.059 1 time, the section generally

     · cited by 6 in all courts

     …imposing adult sanctions on a juvenile. We reject appellant's position that the trial court was required to make specific written findings pursuant to section 39.059(7)(d), Fla.Stat. (Supp.1994), but agree that the trial court's order imposing adult sanctions must be in writing. Thomas v. State, 662 So.2d 1334 (Fla. 1st…

140. Dunnavant v. State 665 So. 2d 354 · DCA94-1678 · District Court of Appeal 1995

     This opinion cites § 39.059 1 time, the section generally

     …seeks review of adult sentences imposed incident to those convictions. Because the trial court faded to inform appellant of his rights pursuant to section 39.059(7), Florida Statutes (1991), and to ensure on the record that any waiver of those rights was voluntarily and intelligently made, we are constrained to reverse,…

141. Philmore v. State 656 So. 2d 270 · DCA94-2138 · District Court of Appeal 1995

     This opinion cites § 39.059 1 time, the section generally

     · cited by 1 in all courts

     …appellant’s conviction but reverse the sentencing of this juvenile as an adult so that the trial court can provide the written findings required by Section 39.059(7), Florida Statutes. GLICKSTEIN, WARNER and KLEIN, JJ., concur.

142. Walker v. State 656 So. 2d 950 · 5D93-2870 · 5th DCA 1995

     This opinion cites § 39.059 1 time, the section generally

     · cited by 13 in all courts

     …We affirm his convictions. We are required to reverse Walker's sentence because the court failed to comply with the requirement (then in effect) of section 39.059, Florida Statutes (1993), that written findings of fact justifying the use of adult sanctions be entered. We, therefore, reverse for resentencing. AFFIRMED…

143. Franklin v. State 655 So. 2d 1219 · DCA94-00197 · District Court of Appeal 1995

     This opinion cites § 39.059 1 time, the section generally

     … We reverse the defendant’s sentences because the trial court imposed adult sanctions without setting forth, in writing, the criteria required by section 39.059(7), Florida Statutes (1991), and Troutman v. State, 630 So.2d 528 (Fla.1993). We also strike the imposition of $300 in court costs because the written…

144. Gammage v. State 655 So. 2d 183 · DCA93-3705 · District Court of Appeal 1995

     This opinion cites § 39.059 1 time, the section generally

     · cited by 1 in all courts

     …affirm appellant’s conviction of strong-arm robbery, but reverse his adult sentence because the trial court did not consider the factors set forth in section 39.059(7), Florida Statutes (1993), and failed to make any findings in regard to those factors — both of which are necessary when sentencing a juvenile as an adult. …

145. Satalino v. State 652 So. 2d 1231 · 2D94-01009 · 2nd DCA 1995

     This opinion cites § 39.059 1 time, the section generally

     · cited by 3 in all courts

     …required individualized findings concerning the suitability of adult sanctions for him. The form order is insufficient to satisfy the prescriptions of section 39.059(7)(c), Florida Statutes (1993), as they were interpreted in Troutman v. State, 630 So.2d 528 (Fla. 1993); Menchaca v. State, 636 So.2d 178 (Fla. 2d DCA…

146. Harris v. State 660 So. 2d 729 · DCA94-00971 · District Court of Appeal 1995

     This opinion cites § 39.059 1 time, the section generally

     …these appeals for purposes of this opinion. We reverse the defendant’s sentence in each case and remand for resentencing in accordance with section 39.059, Florida Statutes (1993), as required by Troutman v. State, 630 So.2d 528 (Fla.1993). FRANK, C.J., and ALTENBERND and LAZZARA, JJ., concur.

147. Ayers v. State 651 So. 2d 1226 · 2D94-00361 · 2nd DCA 1995

     This opinion cites § 39.059 1 time, the section generally

     · cited by 5 in all courts

     …his sentences as an adult for burglary and possession of burglary tools on the ground that the trial court failed to make sufficient findings under section 39.059(7), Florida Statutes (1993) to support the imposition of adult sanctions. We affirm the sentences imposed. *1227 We remand, however, for the written sentencing…

148. Sherrer v. State 648 So. 2d 322 · DCA94-0152 · District Court of Appeal 1995

     This opinion cites § 39.059 1 time, the section generally

     …his sentence which imposed adult sanctions under the youthful offender statute. At the hearing, the trial court considered the criteria required under section 39.059(7)(e), Florida Statutes (1991), but the written order did not contain the requisite findings. Accordingly, we reverse and remand so that an appropriate…

149. Dortch v. State 647 So. 2d 263 · DCA93-2183 · District Court of Appeal 1994

     This opinion cites § 39.059 1 time, the section generally

     …affirm the trial court’s decision to sentence Appellant as an adult, holding that the court adequately addressed the mandatory criteria set forth in section 39.059(7)(c), Florida Statutes (1991). However, the state properly concedes error in the calculation of Appellant’s sentencing guidelines scoresheet, in particular, in the…

150. Luces v. State 642 So. 2d 666 · 2D93-02724 · 2nd DCA 1994

     This opinion cites § 39.059 1 time, the section generally

     …the offenses was committed. On appeal the defendant contends, and the state concedes, that the trial court did not follow the procedures required by section 39.059(7), Florida Statutes (1993). See Sirmons v. State, 620 So.2d 1249 (Fla.1993); Croskey v. State, 601 So.2d 1326 (Fla. 2d DCA 1992). Accordingly, the…

151. Todd v. State 643 So. 2d 625 · 1D92-4116 · 1st DCA 1994

     This opinion cites § 39.059 1 time, the section generally

     · cited by 12 in all courts

     …of worship or its religious contents. Additionally, appellant Todd, a minor at the time of sentencing, contends that the trial court, contrary to section 39.059(7), Florida Statutes (1991), failed to make written findings of fact or state in writing the reasons for its decision to impose adult sanctions against him.…

152. Smith v. State 641 So. 2d 188 · DCA94-02222 · District Court of Appeal 1994

     This opinion cites § 39.059 1 time, the section generally

     …trial court erred in imposing adult sanctions upon him without making written findings as to his suitability to be sentenced as an adult according to section 39.059, Florida Statutes (1992); that the court should have held a predispositional hearing and considered whether he should be treated as a youthful offender; and…

153. Messam v. State 640 So. 2d 162 · DCA93-1913 · District Court of Appeal 1994

     This opinion cites § 39.059 1 time, the section generally

     · cited by 3 in all courts

     …adequate findings to support his decision. The form findings entered m this case are legally insufficient to comply with the statutory mandate of section 39.059(7)(e), Florida Statutes (1991), as defined in Troutman v. State, 630 So.2d 528 (Fla.1993). See also McCoy v. State, 632 So.2d 181 (Fla. 5th DCA 1994).…

154. Enoch v. State 639 So. 2d 196 · DCA93-1591 · District Court of Appeal 1994

     This opinion cites § 39.059 1 time, the section generally

     … This is an appeal from a sentence wherein a juvenile was given an adult sentence. We vacate the sentence because it fails to follow the mandate of section 39.059(7)(c), Florida Statutes (1991). See Troutman v. State, 630 So.2d 528 (Fla.1993); McCoy v. State, 632 So.2d 181 (Fla. 5th DCA 1994). SENTENCE VACATED,…

155. Briggs v. State 647 So. 2d 182 · 1D93-3533 · 1st DCA 1994

     This opinion cites § 39.059 1 time, the section generally

     · cited by 3 in all courts

     …by your probation officer." We affirm the imposition of adult sanctions, finding that the trial court's written order satisfies the requirements of section 39.059(7), Florida Statutes (1993). Concerning restitution, however, it was improper for the trial court to delegate to the probation officer the responsibility for…

156. Smith v. State 638 So. 2d 204 · DCA93-01891 · District Court of Appeal 1994

     This opinion cites § 39.059 1 time, the section generally

     …He correctly argues, and the state concedes, that the trial court erred by imposing an adult sentence without first complying with the requirements of section 39.059(7), Florida Statutes (1991). Troutman v. State, 680 So.2d 528 (Fla.1993). Accordingly, we reverse and remand for resentencing. If, however, the trial…

157. Peterson v. State 635 So. 2d 1085 · DCA92-3564 · District Court of Appeal 1994

     This opinion cites § 39.059 1 time, the section generally

     …As to appellant’s second point regarding the imposition of adult sanctions, we conclude that the trial court failed to comply with the requirements of section 39.059(7)(c), Florida Statutes (1991), in that it neither addressed each of the six statutory factors, nor entered the written order required under section 39-059(7)(d),…

158. Menchaca v. State 636 So. 2d 178 · DCA92-02462 · District Court of Appeal 1994

     This opinion cites § 39.059 1 time, the section generally

     · cited by 3 in all courts

     …concerning the propriety of adult sanctions. We agree and remand for resentencing. The trial court was bound to consider each of the criteria in section 39.059(7)(c), Florida Statutes, and to provide written reasons for the decision to impose adult sanctions contemporaneous with the sentencing. Troutman v. State, 630…

159. Newsome v. State 634 So. 2d 251 · 2D92-04005 · 2nd DCA 1994

     This opinion cites § 39.059 1 time, the section generally

     · cited by 2 in all courts

     …to sentencing as a juvenile may not be sufficient to eliminate the requirement for case-specific findings concerning all of the criteria enumerated in section 39.059(7). The supreme court has recently emphasized the need for a contemporaneous sentencing order, containing an individualized evaluation of these factors that does…

160. Glidewell v. State 630 So. 2d 1152 · DCA92-2700 · District Court of Appeal 1993

     This opinion cites § 39.059 1 time, the section generally

     …guilty of shooting at, within, or into a building. Because the trial court imposed adult sanctions without making written findings as required by section 39.059(7), Florida Statutes (1991), we must reverse. See Troutman v. State, 630 So.2d 528 (Fla.1993). Upon remand, the trial court may again sentence Glidewell as…

161. Siegle v. State 625 So. 2d 955 · DCA92-03223 · District Court of Appeal 1993

     This opinion cites § 39.059 1 time, the section generally

     · cited by 1 in all courts

     …of a hallucinogenic substance. However, we find that the trial court erred in imposing adult sanctions without first making the findings required by section 39.059(7)(c), Florida Statutes (1991). This is so even though appellant’s sentence, two years’ Youthful Offender community control, was the result of a plea agreement. …

162. State v. F.G. 630 So. 2d 581 · 3D92-1440 · 3rd DCA 1993

     This opinion cites § 39.059 1 time, the section generally

     …and 9.140(c)(1)(I). [4] A different period of commitment is authorized for commitments under section 39.058, Florida Statutes (Supp. 1992), and section 39.059, Florida Statutes (Supp. 1992). [5] The State's appeal was consolidated with the juvenile's appeal.

163. State v. F.G. 630 So. 2d 581 · 3D92-1440-2 · 3rd DCA 1993

     This opinion cites § 39.059 1 time, the section generally

     · cited by 20 in all courts

     …and 9.140(c)(l)(I). . A different period of commitment is authorized for commitments under section 39.058, Florida Statutes (Supp.1992), and section 39.059, Florida Statutes (Supp.1992). . The State's appeal was consolidated with the juvenile’s appeal.

164. Pittman v. State 620 So. 2d 1232 · SC79690 · Florida Supreme Court 1993

     This opinion cites § 39.059 1 time, the section generally

     · cited by 1 in all courts

     … The issue in the instant case is whether a negotiated plea agreement to impose adult sanctions on a juvenile waives the juvenile’s rights under section 39.059, Florida Statutes (Supp.1990). We addressed this issue in Sirmons v. State, 620 So.2d 1249 *1233 (Fla.1993), and held that absent an intelligent and…

165. Blackmon v. State 616 So. 2d 587 · 1D91-1651 · 1st DCA 1993

     This opinion cites § 39.059 1 time, the section generally

     · cited by 2 in all courts

     …Morris, Asst. Atty. Gen., Tallahassee, for appellee. PER CURIAM. Appellant raises two points on appeal: (1) Whether the trial court complied with section 39.059, Florida Statutes, in sentencing appellant as an adult, and (2) whether the trial court improperly determined that it was required to impose a mandatory…

166. Mathews v. State 614 So. 2d 1230 · DCA91-3065 · District Court of Appeal 1993

     This opinion cites § 39.059 1 time, the section generally

     PER CURIAM. Defendant, a juvenile, argues that the lower court failed to consider the factors set forth in Section 39.059(7), Florida Statutes (1989), and make the required written findings, before sentencing him as an adult. We agree and reverse for resen- *1231 fencing. Flowers…

167. Blanco v. State 603 So. 2d 132 · DCA91-2542 · District Court of Appeal 1992

     This opinion cites § 39.059 1 time, the section generally

     · cited by 1 in all courts

     …the trial court correctly sentenced the juvenile defendant as an adult offender after addressing, in open court, each of the criteria contained in section 39.059(7)(c), Florida Statutes (1991). The trial court reduced its findings to writing and the transcript contained the factual foundation necessary to sentence the…

168. Hall v. State 598 So. 2d 230 · 2D91-00978 · 2nd DCA 1992

     This opinion cites § 39.059 1 time, the section generally

     · cited by 8 in all courts

     …adult. The order of the trial court together with the transcript of the sentencing hearing contains sufficient findings to satisfy the requirements of section 39.059(7), Florida Statutes (Supp. 1990). We reverse the guidelines departure sentence however, and remand for resentencing within the recommended range. The…

169. Toussaint v. State 592 So. 2d 770 · 5D91-901 · 5th DCA 1992

     This opinion cites § 39.059 1 time, the section generally

     · cited by 3 in all courts

     …39.111, effective October 1, 1990. See Chapter 90-208, section 17, Laws of Florida. The provisions found in section 39.111(7) can now be found in section 39.059(7). [2] The defendant, relying on guidelines departure cases, argues that where the trial court fails to initially give valid reasons for rejecting juvenile…

170. Sullivan v. State 587 So. 2d 599 · DCA90-2621 · District Court of Appeal 1991

     This opinion cites § 39.059 1 time, the section generally

     · cited by 1 in all courts

     …with section 39.111(7)(d), Florida Statutes (1989). AFFIRMED in part; VACATED in part; REMANDED. DAUKSCH and COBB, JJ„ concur. . Now section 39.059(7)(d), Florida Statutes (Supp.1990).

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